Can private law remedies fill the consumer protection gap in the DSA?

Description

Online marketplaces play a central role in the online economy. While online marketplaces offer consumers many benefits, such as easy access to a wide range of products and services, online marketplaces also come with certain risks. Low quality or even dangerous products easily find their way to consumers, the third-party sellers may be unresponsive to complaints, difficult to find or they may disappear altogether. Consumers may find themselves without possibilities to successfully claim their damages from the third-party sellers.

The European Union has adopted several legal acts containing, amongst others, specific rules for online marketplaces, such as the Digital Services Act (DSA) and the Modernization directive. The DSA introduced the obligation for online marketplaces to collect information of the third party traders on their platforms. So called VLOPS (very large online platforms) are obligated to perform systemic risk assessments and implement mitigation measures, with an aim to prevent harm from occurring.

What the DSA does not have, is private law remedies for consumers in case the platform does not comply with these obligations, nor does it contain redress mechanisms for consumers if harm occurs as a result of a transaction concluded with a third party trader via an online marketplace. The DSA seems to leave a gap in the protection of consumers in relation to online marketplaces.

This contribution explores the possibilities of connecting the rules of the DSA concerning online marketplaces to general private law, such as tort law and contract law. Can private law remedies fill the consumer protection gap of the DSA?

Period	12 Jun 2025
Event title	Private Law Consortium Conference 2025: Private Law in the Age of Digitalization and AI
Event type	Conference
Location	Rotterdam, NetherlandsShow on map
Degree of Recognition	International